Civil & Administrative

USCIS updates asylum, I-94, and TPS fee rules under H.R.1

🇺🇸United States··Final Rule·Medium Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

This rule puts new USCIS immigration fees and deadlines into regulation. It adds a fee for certain Form I-102 requests tied to Form I-94 records, confirms that the asylum filing fee is kept if Form I-589 is rejected, and sets a 30-day payment rule for the annual asylum fee. It also limits TPS-based work authorization to one year or less if the TPS designation ends sooner. The practical effect is stricter cost and timing compliance for asylum seekers, people seeking or replacing I-94 records, and employers relying on TPS work authorization. Missed asylum fee payments can now cause a pending asylum case to be rejected, and that can also end related work authorization.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • Adds a new fee for certain Form I-102 filings tied to Form I-94 requests, with limited exceptions.
  • Requires asylum applicants to pay the annual asylum fee within 30 days after notice or risk rejection of the pending asylum case.
  • Keeps the asylum filing fee when Form I-589 is rejected and limits TPS-based work authorization to one year or the remaining TPS period, whichever is shorter.

Obligations

What this law requires

high

Applicants submitting Form I-102 requests for a Form I-94 Arrival/Departure Record must pay the applicable Form I-94 fee at the time of the request, in addition to any other required fee; the fee cannot be waived or reduced.

immigration applicantsUSCIS applicants
when submitting the Form I-94 request
operational
critical

Asylum applicants must pay the Annual Asylum Fee within 30 days after receiving notice of the fee; failure to pay within that period results in rejection of the pending asylum application and denial of any associated employment authorization application.

asylum applicants
within 30 days of notice
operational
medium

USCIS must retain the asylum application filing fee when a Form I-589 asylum application is rejected; the fee is not refundable.

USCIS
at the time the Form I-589 is rejected
operational
high

Employment authorization granted on the basis of Temporary Protected Status must be limited to one year or, if the TPS designation ends sooner, to the remaining period of the designation.

USCISTPS employment authorization applicants
upon issuance and during validity period
licensing
high

Employers relying on TPS-based work authorization must verify that the employment authorization document is valid for no longer than one year or the remaining TPS designation period, whichever is shorter.

employershuman resources departments
before and during employment verification
operational

Affected Parties

Asylum applicants and asylum-seeking workersImmigrants requesting or replacing Form I-94 records+1 more…

Tags

USCIS,immigration fees,asylum…